DEP files suit

CHARLESTON - The state's Department of Environmental Protection says DTC Environmental Services haphazardly housed hazardous material.

The DEP filed a lawsuit Aug. 15 in Kanawha Circuit Court against Newell-based DTC, alleging that it failed to abide by several hazardous material regulations.

The complaint says the case is "a civil action for civil penalties and injunctive relief for violations of the Hazardous Waste Management Act… and the Solid Waste Management Act."

"In the period commencing three years prior to the filing of this complaint and ending on or about May 4, 2004, Defendant operated a facility for the treatment storage or disposal of hazardous waste without first obtaining a permit in violation of West Virginia Code," the complaint says.

The complaint also makes the following allegations:

DTC failed on an unknown number of occasions to conduct a hazardous waste determination of representative samples of all wastes;

It did not properly complete hazardous waste manifests on approximately 125 occasions;

It stored hazardous waste for more than 90 days;

It failed to notify the DEP of its change in operating status from a non-handler of hazardous wastes to a large quantity generator of hazardous waste and then to a treatment, storage or disposal facility of hazardous waste;

It did not pay the hazardous waste management fee;

It did not label containers of used oil with the words "used oil";

And it contributed to or operated an open dump.

The DEP is seeking civil penalties of no more than $25,000 for each day of each violation. Richard Riffe of the organization's legal department is representing the DEP.

Judge James Stucky has been assigned the case.

Kanawha Circuit Court case number 06-C-1621